Opinion
Gen. No. 43,727. (Abstract of Decision.)
Opinion filed June 10, 1946 Released for publication July 1, 1946
JUDGMENTS, § 130 — when motion in nature of writ of error coram nobis was not available. Where plaintiff obtained judgment by confession for amount representing unpaid rent and attorney's fees, and more than year after entry of judgment defendant filed motion to vacate judgment and dismiss cause, which was described as motion in nature of writ of error coram nobis and which was supported by allegation that since lease was void in violation of O.P.A. rent regulations, warrant of attorney was without force or effect and judgment was fraud upon court, held that because no error of fact was involved, motion in nature of coram nobis was not available (Ill. Rev. Stat. 1945, ch. 110, par. 196; Jones Ill. Stats. Ann. 104.072).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JOHN GUTKNECHT, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the April term, 1946.
Newell Mecartney, for appellant;
No appearance for appellee.
Not to be published in full. Opinion filed June 10, 1946; released for publication July 1, 1946.